In Massachusetts, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by federal OSHA (the state plan, Massachusetts Department of Labor Standards (Workplace Safety and Health Program), covers only public employees).
29 CFR 1910.134 · Massachusetts
Respiratory Protection Requirements in Massachusetts
Respiratory Protection in Massachusetts: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
MassachusettsGeneral Industry (29 CFR 1910)Federal OSHA (private) · State plan (public)
In FY2025, federal OSHA cited 29 CFR 1910.134 6 times in Massachusetts construction (0.4% of its construction citations there, the 26th most-cited standard there). The paragraph cited most was 1910.134(c), respiratory protection program, with 1 citation.
6
1910.134 citations in Massachusetts construction, FY2025
(c)
paragraph cited most in Massachusetts (1 citation)
9.6
fatal work injuries per 100,000 full-time workers in construction, Massachusetts, 2024 (BLS)
Federal OSHA in Massachusetts: 29 CFR 1910.134, FY2025
Counted · 2026-09-266
citations of 29 CFR 1910.134 in 3 inspections
$7,793
penalties, current amounts ($15,733 as first proposed)
0.4%
of the 1,487 federal construction citations in Massachusetts
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 6 times in inspections of Massachusetts construction employers. It ranked 26th of the 66 standards cited in them. By classification: 5 serious, 1 other-than-serious. Most-cited paragraphs: 1910.134(g)(1)(i)(A) (1), 1910.134(c) (1), 1910.134(k) (1).
Counted by HazComFast from the U.S. Department of Labor's OSHA enforcement data (inspection and violation tables, retrieved September 26, 2026): citations issued October 1, 2024 – September 30, 2025 on federal OSHA inspections of construction employers (NAICS 23) in the state, deleted citations excluded, penalties at current amounts. OSHA's own cited-standards tool does not break federal states out; summed over every state, this count matches it within a few citations (6,778 for 1926.501, against 6,772). data.dol.gov
What federal OSHA is targeting in Massachusetts
Massachusetts has no state OSHA plan for private-sector work, so there is no state rule to read. What differs here is which hazards federal OSHA schedules inspections for, as set out in published emphasis directives.
Regional Local Emphasis Program for Noise in the Workplace
BOS-CPL-04-00-029 · Boston Regional Office · effective October 1, 2024
“This instruction applies to Federal OSHA, Boston Region jurisdiction.”
Noise carries its own programmed-inspection program across the Boston region. It is the program most likely to put a hearing conservation file and a PPE hazard assessment in front of an inspector in these five states, and it runs alongside the region's residential construction, crane and forklift programs rather than instead of them.
Harmful exposures and work deaths in Massachusetts, 2024
Massachusetts recorded 75 fatal work injuries in 2024, down from 111 in 2023. Exposure to harmful substances or environments caused 16 of them (21%). Construction accounted for 25.
Source: BLS Census of Fatal Occupational Injuries, Massachusetts, 2024
How Massachusetts Enforces 29 CFR 1910.134
Massachusetts operates an OSHA-approved state plan (Massachusetts Department of Labor Standards (Workplace Safety and Health Program)), but it covers only state and local government employees. Private-sector construction employers in Massachusetts are inspected by federal OSHA, which enforces 29 CFR 1910.134 directly using the federal penalty maximums. So if you run a private construction company in Massachusetts, Respiratory Protection citations come from a federal Department of Labor compliance officer, not Massachusetts Department of Labor Standards (Workplace Safety and Health Program).
In Massachusetts, the FY2025 citations under 29 CFR 1910.134 went most often to Painting and Wall Covering Contractors (4) and Masonry Contractors (1). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.134, before an officer arrives, are the most reliable defense.
For a private-sector jobsite in Massachusetts, HazComFast shows that federal OSHA has jurisdiction, because the state plan covers public employers only. Start free
Help and oversight in Massachusetts
Free, confidential help: OSHA On-Site Consultation
In Massachusetts, the program is On-Site Consultation Program (Massachusetts Department of Labor Standards). OSHA describes it as “Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs.” It is separate from OSHA enforcement; the employer commits to correcting serious hazards.
Massachusetts consultation program · OSHA consultation directory
A State Plan for public employers only
“The Massachusetts State Plan covers all state and local government workers in the state.” “OSHA also exercises authority over private sector employers in the state and federal OSHA standards apply to these workers.”
Initial approval August 18, 2022 · 29 CFR 1952.29 · osha.gov
Who inspects private employers here
Federal OSHA, from the Springfield Area Office (Springfield).
Read on osha.gov and the state's official statute site, September 26, 2026.
Massachusetts Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $16,550 | Federal max · 29 CFR 1903.15(d) |
| Willful | $165,514 | Federal max · 29 CFR 1903.15(d) |
| Repeat | $165,514 | Federal max · 29 CFR 1903.15(d) |
| Failure to abate | $16,550/day | up to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6) |
Massachusetts applies the federal OSHA maximums. Amounts are ceilings per violation. Federal OSHA reduces the proposed penalty for employer size, good faith and history (FOM CPL 02-00-164 Ch. 6). There was no inflation increase for 2026: the 2025 amounts remain in effect (OMB Memo M-26-11).
Key Respiratory Protection Requirements 29 CFR 1910.134
- Establish written respiratory protection program
- Conduct medical evaluations before fit testing
- Perform annual fit testing for tight-fitting respirators
- Provide NIOSH-certified respirators
- Train on proper use and limitations
- Designate qualified program administrator
Who enforces it in Massachusetts: Federal OSHA inspects private construction employers; the Massachusetts Department of Labor Standards (Workplace Safety and Health Program) State Plan covers state and local government workers only.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in Massachusetts, FY2025
Federal OSHA issued 6 citations under 29 CFR 1910.134 to Massachusetts construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(c) Respiratory protection program. 1 citation
“This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be …”
- 2
1910.134(d)(1)(iii) 1 citation
“The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification …”
- 3
1910.134(e)(1) General. 1 citation
“The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator …”
- 4
1910.134(f)(2) 1 citation
“The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, …”
- 5
1910.134(g)(1)(i)(A) 1 citation
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
- 6
1910.134(k) Training and information. 1 citation
“This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more …”
HazComFast count from the Labor Department's OSHA enforcement data: citations issued in FY2025 to construction employers (NAICS 23), by the paragraph cited. Paragraph text: eCFR, current as of September 24, 2026. data.dol.gov
Massachusetts Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
1,487 of them in Massachusetts (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Massachusetts, FY2025: Roofing Contractors (240), Framing Contractors (111) and Commercial and Institutional Building Construction (102), out of 999 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Massachusetts, FY2025: Painting and Wall Covering Contractors (4), Masonry Contractors (1) and All Other Specialty Trade Contractors (1), of 6 citations.
- Construction fatality rate in Massachusetts, 2024: 9.6 per 100,000 full-time workers, 17th highest of the 40 states BLS published (all industries: 2.1).
HazComFast count from the Labor Department's OSHA enforcement data: inspections of construction employers (NAICS 23) opened from October 1, 2024 to September 30, 2025, federal OSHA and State Plan combined, grouped by the inspected employer's 2022 NAICS industry. HazComFast count from the Labor Department's OSHA enforcement data: citations issued in FY2025 to construction employers (NAICS 23), grouped by the cited employer's 2022 NAICS industry. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free Respiratory Protection Compliance Tools
Respiratory Protection FAQ for Massachusetts
Which Massachusetts construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 6 citations under 29 CFR 1910.134 to Massachusetts construction employers, most often to Painting and Wall Covering Contractors (4), Masonry Contractors (1) and All Other Specialty Trade Contractors (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Private-sector employers answer to federal OSHA (the Massachusetts Department of Labor Standards (Workplace Safety and Health Program) plan covers only public workers). For context, federal OSHA issued 1,487 citations across 595 inspections of Massachusetts construction employers in FY2025 (HazComFast count from Labor Department enforcement data). Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Massachusetts jobsites?
OSHA's cited-standards tool does not break Massachusetts out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 1,487 citations across 595 inspections of Massachusetts construction employers, 6 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Massachusetts can come from any inspection: programmed, complaint-driven or post-accident. Massachusetts's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for a private Massachusetts employer?
Federal OSHA. Massachusetts's state plan covers only public employees, so a compliance officer from OSHA's Boston region inspects and cites 1910.134 on private jobsites, at the federal penalty maximums.
Can I get free OSHA help in Massachusetts without an inspection?
Yes. OSHA's On-Site Consultation Program in Massachusetts is On-Site Consultation Program (Massachusetts Department of Labor Standards). OSHA describes it this way: "Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs." Consultations are separate from OSHA enforcement, and the employer commits to correcting serious hazards.
How often does federal OSHA cite 29 CFR 1910.134 in Massachusetts construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 6 times in 3 inspections of Massachusetts construction employers, with $7,793 in penalties at current amounts ($15,733 as first proposed), 0.4% of the 1,487 citations those inspections produced. It ranked 26th of the 66 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Respiratory Protection Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Respiratory Protection in Other States
14 other state plans write a rule of their own for 29 CFR 1910.134 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1030Arizona29 CFR 1910.134 as adopted by A.A.C. R20-5-602, with R20-5-602.02 for Subpart UCalifornia8 CCR §5144, with §5141.1 for wildfire smokeown maxHawaii29 CFR 1910.134 as incorporated by HAR §12-60-50(a), with the air contaminant exhibits at (d)(3)Indiana610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006own maxMaryland29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05own maxNevadaNRS 618.297 (wildfire smoke air quality)North Carolina13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)
Other OSHA Standards in Massachusetts
Sources & verification
Penalty amounts and plan-type data were checked on 2026-10-05 against eCFR, OSHA.gov, and the Federal Register. This page is informational and not legal advice; consult the enforcing agency or counsel for your specific situation.
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